N.Y. Town Law § 202-d: Increase of maximum amount to be expended

§ 202-d. Increase of maximum amount to be expended. 1. At any time

after the establishment of an improvement district the maximum amount

proposed to be expended for the improvement in such district, as stated

in the petition for the establishment of such district, may be increased

by an order of the town board provided a petition requesting such

increase signed as required by section one hundred ninety-one of this

article is presented to the town board and provided the town board

shall, after a public hearing ordered and held in the manner prescribed

by sections one hundred ninety-three and one hundred ninety-four of this

article, determine that it is in the public interest to authorize the

increase of such maximum amount, and provided the comptroller of the

state of New York shall have made as may be required pursuant to

subdivision six of section one hundred ninety-four of this article,

after such public hearing, an order approving the increase of such

maximum amount as stated in the petition. The order of the comptroller

shall be prepared in duplicate and one copy thereof filed in the office

of the department of audit and control and the other copy in the office

of the town clerk of the town.

2. If the petition for establishment of the district proposes only the

performance or supplying of certain services, and states the maximum

amount to be expended annually for such services, the maximum amount to

be expended annually may be increased by an order of the town board

provided the town board shall, after a public hearing, determine that it

is in the public interest to authorize the increase of such maximum

amount. The town board shall give notice of such hearing by publication

of a notice in at least one newspaper having general circulation in the

district specifying the time when and the place where such hearing will

be held and stating the increase proposed in the maximum amount to be

expended annually. Such notice shall be published once at least ten days

prior to the date specified for such hearing. The approval of the state

comptroller to such increase in the maximum amount to be expended

annually shall not be required.